Spearman v. Spearman

482 F.2d 1203 (5th Cir. 1973)

Facts

On his death, Edward Spearman was insured by Metropolitan Life Insurance Company for $10,000. The policy provided that, if no beneficiary were designated, the proceeds were to be paid to the 'widow' of the insured. The parties stipulated that the policy designated no beneficiary. Both defendants claimed to be his 'widow' and claimed the proceeds of his life insurance policy. Mary Spearman married the insured on October 2, 1946, in Russell County, Alabama. Two children, twin girls, were born of this marriage, and both carry the surname of Spearman. Viva Spearman married insured on June 7, 1962, in Monterey County, California. This marriage produced no offspring. Metropolitan filed an interpleader action and paid the proceeds of the policy into the registry of the District Court. The trial court found for the first wife as the second did not establish that the first wife's marriage to the insured had been terminated by either divorce or annulment.